A Legal Tabloid - News, Insights, and Colorful Commentary on Law Firms and the Legal Profession
Managing Editor: David Lat
Editor: Elie Mystal
Assistant Editor: Staci Zaretsky
Contributors: Kashmir Hill, Marin, Mark Herrmann, Jay Shepherd
After two federal clerkships and several years as a litigator in law firms, David Mowry is happily ensconced as Counsel in Xerox Corporation’s Office of General Counsel. He specializes in commercial leasing transactions, only sometimes misses litigation, and never regrets leaving firm life. You can reach him by email at [email protected].
“The Senate confirmed Todd Hughes for a seat on the Federal Circuit without any opposition. This is what progress looks like: Hughes will be the first openly gay federal appellate judge in U.S. history.” ATL Morning Docket citing BuzzFeed.
It wasn’t planned, but the fact that this site mentioned the above today played to my column in this topic. Who gives two whits that Todd Hughes is gay? Is it really progress? Or just a factoid that gets too far into the personal life of a respected jurist.
I am fortunate to work with an extremely diverse group of people. Not because they are “diverse,” but because they are really good lawyers. The make up of our OGC speaks to the fact that hiring is blind at this company, and it is comforting to know that people get hired on other bases than what they look like, or their sexual orientation….
I am now officially on the downside of my 40s. Not a big deal really, but I am definitely not a “kid” anymore. My first official duty in middle age was to mow the grass. As I was going along, minding my business, I rolled over a hive of ground hornets. Eight stings later, and after ibuprofen, a stiff drink and some rest, the trauma ended. I sort of felt the same way about the reaction to last week’s column. For the record, I am not a depressed individual with nothing good to say about the profession. My message was basically an observation of the mess in which we currently find ourselves. And yes, I would advise someone with a choice, not to go to law school right now. If you are enrolled, graduated, employed, working in law, etc., it is what it is. But for those of you contemplating — I am telling you, you’ll work just as hard in a bank, and your paycheck may actually reflect the skills and intelligence required for the job. Oh, and you’ll get to tell lawyers what to do — always fun.
Today I would like to discuss an aspect of in-house life that can be alternately exciting and annoying as all get out: the ever-changing target of a business plan….
A few pending anniversaries to mention: the twelfth anniversary of the 9/11 attacks; my 45th birthday tomorrow; I have been practicing law for 14 years; and my second year of writing this column for Above the Law is fast approaching.
Really, the only date of any import is 9/11. A “first world problem” for me is that my birthday is forever the “day after” — but at least I have a day after. So many families were destroyed that day, and so many of us will forever duck a little bit when airplanes fly past our buildings. I cannot imagine working in downtown San Diego, where the approach from the East is so close to so many skyscrapers.
I won’t dwell too much on lower Manhattan today, as by now I think everyone remembers in their own way, but I will always cherish my thirtieth birthday, a surprise party held at Windows on the World, surrounded by friends and a swing band in the background. I found a picture from that party — I am hugging some buddies, and was a young buck associate at Coudert Brothers, a 150+ year old firm driven to ruin by poor cash management. Anyway, today will forever be bittersweet as I prepare to look to the future tomorrow, and will always remember that awful day 12 years ago….
The placidity of the lake outside my early morning window is calming. The middle child plays something in the background called “Minecraft,” which I don’t mind because of its New Age music, and the other two are still asleep — the oldest, exhausted from JV soccer practice, and the youngest, well, because she’s four. I can hear the crickets and early morning birds, and I think that life is pretty good. Actually, very good. We have chosen a vacation home near enough to our town that we can shuttle the oldest back and forth to workouts, and still spend our afternoons on the lake. At twelve, he doesn’t realize that we have sacrificed a true “vacation” for him, but that is fine — he caught six fish yesterday, and we were happy.
Some of us have a memory that vacations are about piling the kids into a station wagon (deathtraps that we “olds” used to ride in, sans seatbelts, as our parents smoked themselves to death in the front seats, and we rode in the rear-facing bench seat giving the universal “honk your horn” sign to truckers) and riding for hours only to find that “Wallyworld” was closed for repairs. Today’s vacations for attorneys are usually getaways that may put you in a different locale, but with a Blackberry that still demands your attention. You can try to turn it off and leave it on the bed stand, but you know that the brief will still be due or the closing date still looms. First World troubles, I know…
I am supposedly on vacation this week. However, most of us know that “vacation” is a relative term, and that it is highly rare that one actually unplugs from work 100%. Yesterday morning I was listening to talk radio (ugh!) and the host went on a rant about the unimportance of lawyers, and the “racket” that we have set up for ourselves by allowing only a select few (admitted attorneys) to practice law. He was referring to the 15 months in jail that a small town judge received by appearing in Family Court without a current license. The issue of whether her punishment is deserved or not is perhaps for another column. But, the radio blatherer’s take offended me. I would argue that lawyers are a societal necessity, and the lay public would suffer greatly without the expertise that attorneys provide. Just watch a pro se litigant go up against a seasoned litigator.
To the outside observer of courtroom proceedings, it all may seem so easy — you appear, you give your name and you argue. Just like callers to talk radio programs. But it is the minutiae that lawyers are trained to expose that makes the difference. The term of art is “attention to detail” at which we are expert. We are supposed to be able to find the holes in written documents to exploit them for our client’s advantage. We are expected to write with perfection — without a single mistake. We are pressured to win at all costs within the bounds of the law and ethics. Lay people who think we have it easy, are sorely misinformed…
I am not sure what I agreed to, or what button I selected, but yesterday Linkedin sent network invitations to seemingly everyone on the planet with whom I have ever corresponded by email. For the past two days I have received numerous invite acceptances; my once small network is now seemingly unmanageable in scope. However, some really great news has accompanied many emails. Several people with whom I have spoken over the years have written to update me on their job hunting – and the news has been universally good. I have always held the identities of those who have written in confidence, and I will continue that practice. But, I can comfortably report that jobs have been attained in government work, private practice, and in-house. The economy is tough, and hiring prospects are not back to mid-90s levels, but there are positions to be had, and to the most tenacious go the spoils.
But much bigger things happened this past week. Like getting my GA tickets to share in the groove on October 22. The boys are playing with a fervor not seen in many years, and I am very excited that the circus is coming to town. It also did nothing to stanch the flow of correspondence to my Gmail account regarding the switch from litigation in a firm to in-house work. I write today’s column with three specific people in mind….
1) I never claimed to be a Deadhead, though I love their music. I will leave that to Mr. Wallerstein. I am a committed Phishhead, and could easily have used Trey Anastasio’s bust and subsequent rehab as an example for last week’s column. However, the Furthur incident had just occurred near here and I thought it was more topical.
2) I did not intend to depress anyone with a column on alcohol, so I guess I should have been sober when writing, but that goes against my practice.
3) I am rarely shocked any more by the comments on this site, but I have to say that in my opinion, they have devolved so far into a cesspool of misogyny and lack of humor or wit, that I have decided to continue to write columns without the ability to comment. I have been doing this long enough, and been called enough names and insulted sufficiently that I have become inured to being “hurt.” If you have a genuine criticism, suggestion or correction, write me at the Gmail address.
The remnants of the Grateful Dead (Furthur) came to town last week. I was unable to attend, as I was putting on a five-hour benefit show the next day, and I knew a party the night before would not be good for me. Well, the band only got part way into the second set before stopping the show due to “weather.” Granted, there were thunderstorms about, as a cold front was finally lifting the oppressive heat wave of July 2013. But no rain was reported at the venue, and no “weather” ever materialized. Putting on my foil-hat character for a bit tells me that Bobby is still not well, or recovered enough from his bout with something or other earlier this summer. YouTube the clip of “Bob Weir falling” and see for yourself. It is not only sad to see a legend in the throes of some sort of addiction, but it is frustrating as a fan — to pay good money for a show, only to have to leave early because one of the stars couldn’t keep it together.
I have written before about mental illness in the profession, but a more insidious and pervasive issue is alcohol and drug dependency. Everyone who uses has their own story and background about how they got into alcohol or drug use, but I want to focus on the atmosphere in the legal profession: that you cannot have a gathering of attorneys without letting the booze flow. Beginning as a summer associate, and on through your career, wherever you end up, alcoholic beverages, and to a lesser extent drugs, become an omnipresent factor in your daily life. I am not here to preach or judge, just to offer a cautionary tale.
It might also have to do with the fact the we are boring as hell when in a group, and the only way to loosen up is to imbibe….
I have a desire to fulfill a Bryan Cranston-like dark fantasy when people say those phrases. Yes, it is hot enough for me, thank you, and I am now waiting with chewed fingernails to see if our benefit concert for tomorrow afternoon will be rained out due to the oncoming cold front. I also received some good news/bad news on a pro bono case I am working, and my wife is starting to get a bit touchy about my lack of focus on all things domestic. It has been one of those weeks, when all should be celebratory and positive, but the muck keeps dragging me down. But as is my practice, I keep plugging along. Just keep swimming…
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past six years. You can reach them by email: [email protected].
Since late last year, things have been booming in Hong Kong / China in cap markets, especially Hong Kong IPOs. M&A deal flow has recently been getting a bit stronger as well. Although one can’t predict such things with any certainty, all signs are pointing to a banner entire 2014 for the top end US corporate and cap markets practices in Hong Kong / China. This is not really new news, as its been the feeling most in the market have had for a few months now and things continue to look good.
The head of our Asia practice, Evan Jowers, has been in Hong Kong for about 10 days a month (with trips every other month to both Shanghai and Bejing) for the past 7 months (Robert Kinney and Evan Jowers will be in Hong Kong again March 15 to 23), and spending most of his time there meeting with senior US hiring partners at just about all the major US and UK firms there, as well as prospective candidates at all associate levels and partner levels, and when in the US, Evan works Asia hours and is regularly on the phone with such persons, as our the other members of our Asia team. Our Yuliya Vinokurova is in Hong Kong every other month and Robert is there about 5 times a year as well. While we have a solid Asia team of recruiters, Evan Jowers will spend at least some time with all of our candidates for Asia position. We have had long standing relationships, and good friendships in some cases, with hiring partners and other senior US partners in Asia for 8 years now.
Are you challenged by the costs and logistics of maintaining your office, distracting you from the practice of law?
Many small firms are successfully moving part—or even all—of their practice to a virtual setting. This even includes multi-jurisdictional practice spanning several states and practice areas, although solo and small partnerships are still the largest adopters of virtual law.
Can you do the same? The new article Mobile in Practice, Virtual by Design from author Jared Correia, Esq., explores how mobile technology bring real-life benefits to a small law firm. Read this new article—the next in Thomson Reuters’ Independent Thinking series for small firms—to explore how a mobile practice:
Everyone is talking about the importance of Social Media in Corporate America. But it is relatively safe to say that most law firms and lawyers are slightly behind the social curve. Most lawyers, at minimum, use LinkedIn, for networking. Some even use Twitter for pushing out short, pithy content, while many have Blogs, where they write their little hearts out. The adage “it is better to give than to receive” is not always true though in the world of Social. In the Social World – it is best to listen, give back and engage.
Social Media is a communications tool that can deeply educate you about the needs and wants of your clients and prospects when used in conjunction social media monitoring and sharing tools.
Take this quick quiz and see if you know how to use Social to help you engage more with your clients or to better service the ones you have.